Contributing capital to establish a business using intellectual property rights in Vietnam

violate regulations and protect the personal rights and property rights of performers, producers of sound and video recordings, radio and television broadcasting organizations for programs made based on the original works of copyright owners.

Industrial property rights include rights to inventions, semiconductor integrated circuit layout designs, industrial designs, trademarks, geographical indications, trade names, business secrets and other industrial property rights as prescribed by law. Industrial property rights protect the exclusive right to use for economic purposes and the right to dispose of industrial property objects by owners, against illegal exploitation on an industrial scale.

An invention is a technical solution in the form of a product or process that solves a specific problem by applying natural laws. An invention will be protected by a patent if it is new; creative and capable of industrial application. If the product or process is not common knowledge and meets the requirements of novelty and industrial application, it will be protected by a patent for a utility solution. In addition, the following subjects will not be protected by the name of an invention: inventions, scientific theories, mathematical methods; diagrams, plans, rules and methods for performing mental activities, training animals, implementing games, doing business, computer programs; ways of expressing information; solutions that are only aesthetic in nature; plant varieties, animal varieties; processes for producing plants and animals that are primarily biological in nature and not microbiological processes; methods for preventing, diagnosing and treating diseases in humans and animals.

Industrial design is the external appearance of a product expressed in shape, color or a combination of these elements. Industrial design

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Industrial designs are protected if they meet the following conditions: novelty; creativity and industrial applicability. In addition, objects that are the external shape of a product required by the technical characteristics of the product; the external shape of a civil or industrial construction work; or the shape of a product that is not visible during use will not be protected under the name of an industrial design.

A trademark is a sign used to distinguish the goods and services of different organizations and individuals. A trademark establishes the exclusive right to use signs to distinguish the products and services of one entity from those of another. To be protected under the name of a trademark, the following conditions must be met: (i) it must be a visible sign in the form of letters, words, drawings, images, including three-dimensional images or a combination of these elements, expressed in one or more colors; (ii) it must be capable of distinguishing the goods and services of the trademark owner from those of another entity. Signs that are not protected under the name of a trademark are signs that are identical or confusingly similar to the national flags and national emblems of countries; Signs identical or confusingly similar to symbols, flags, badges, abbreviations, full names of State agencies, political organizations, socio-political organizations, socio-political-professional organizations of Vietnam and international organizations, if not permitted by such agencies or organizations; signs identical or confusingly similar to the real names, nicknames, pen names, images of leaders, national heroes, celebrities of Vietnam or of foreign countries; signs identical or confusingly similar to the certification marks, inspection marks, warranty marks of international organizations that such organizations request not to use, except in cases where these organizations themselves register such marks as certification marks; signs that mislead, confuse or deceive consumers about the origin, provenance,

features, uses, quality, value or other characteristics of goods or services.

Geographical indications are a broader concept than appellation of origin, including signs, symbols, and images used to indicate a geographical area where the goods originating there have “characteristics of quality, prestige, reputation or other characteristics” mainly due to their geographical origin. Conditions for protection of geographical indications: (i) products bearing geographical indications have geographical origin from the area, locality, territory or country corresponding to the geographical indication; (ii) products bearing geographical indications have reputation, quality or characteristics mainly determined by the geographical conditions of the area, locality, territory or country corresponding to that geographical indication. Objects not protected under the name of geographical indications: names and indications that have become common names of goods in Vietnam; geographical indications in foreign countries where the geographical indication is not protected, has been terminated or is no longer used; Geographical indications that are identical or similar to a protected trademark, if the use of such geographical indications causes confusion about the origin of the product; geographical indications that mislead consumers about the true geographical origin of the product bearing such geographical indications. The ownership of geographical indications belongs to the State.

Semiconductor integrated circuit layout design . A semiconductor integrated circuit is a finished or semi-finished product in which the elements with at least one active element or some or all of the interconnections are integrally formed inside or on a semiconductor material to perform an electronic function. A semiconductor integrated circuit layout design is the spatial structure of the circuit molecules and the interconnections of those elements in a semiconductor integrated circuit. A layout design is protected if it meets two conditions: it is original and it is commercially novel. The following objects are not protected as layout designs:

Principle, process, system, method implemented by semiconductor integrated circuit; information, software contained in semiconductor integrated circuit.

A trade name is the name of an organization or individual used in business activities to distinguish the business entity bearing that name from other business entities in the same field and business area. The business area is the geographical area where the business entity has partners, customers or reputation. To be protected as a trade name, the trade name must be capable of distinguishing the business entity bearing that trade name from other business entities in the same field and business area. Subjects not protected as a trade name: names of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations or other entities unrelated to business activities.

A trade secret is information obtained from financial and intellectual investment activities, which has not been disclosed and is capable of being used in business. A trade secret is protected if it meets the following conditions: (i) it is not common knowledge and is not easily obtained; (ii) when used in business, it will give the holder of the trade secret an advantage over those who do not hold or use the trade secret; (iii) the owner keeps it confidential by taking necessary measures so that the trade secret is not disclosed and is not easily accessible. Confidential information that is not protected under the name of a trade secret includes: personal secrets, secrets about state management; secrets about national defense and security; other confidential information related to business.

Rights to plant varieties: Plant varieties are populations of plants belonging to the same lowest plant classification level, uniform in morphology, stable through breeding cycles, identifiable by the expression of traits determined by genotype or combination of genotypes and distinguishable.

with any other plant variety population by the expression of at least one heritable trait. Plant variety rights are the rights of organizations and individuals to new plant varieties that they have selected, created, discovered and developed, or have ownership rights. The subjects of plant variety rights are plant varieties and breeding materials. Protected plant varieties are plant varieties that have been selected, created, discovered and developed, and are on the list of plant species protected by the State, have novelty, distinctiveness, uniformity, stability, and have appropriate names. Plant variety rights holders are: (i) organizations and individuals that select, create, discover and develop plant varieties, or invest in the selection, creation, discovery and development of plant varieties, or are transferred rights to plant varieties; (ii) Vietnamese organizations and individuals; foreign organizations and individuals from countries that have signed agreements on plant variety protection with the Socialist Republic of Vietnam; Foreign organizations and individuals with permanent residence in Vietnam or with production and business establishments of plant varieties in Vietnam.

Because intellectual property shares many of the characteristics of personal property and real property ownership, the rights associated with intellectual property allow us to buy, sell, license, or even give away our intellectual property like ordinary property.

1.2.1.3 Characteristics of intellectual property rights compared to ownership of tangible assets

Intellectual property rights are ownership rights to intellectual assets. Intellectual property in relation to tangible assets has distinct characteristics due to the nature of intellectual property.

Firstly, intellectual property has intangible characteristics. Unlike tangible assets that usually exist in a specific physical form that we can touch.

visible and tangible. Intellectual property has the characteristics of intangible assets. It does not exist in a specific physical form, people cannot hold or grasp it. It cannot be seen or felt by smell or color, but we can feel it by intuition. Because of this characteristic, intellectual property is more difficult to control than tangible assets.

Second , the possession and use of intellectual property can be jointly owned and used by many people without reducing its value. A piece of knowledge can be owned by many people and one person can use it many times without having to pay more. This is the difference between intellectual property and tangible property due to the intangible nature of intellectual property. Meanwhile, if tangible property is jointly owned and used by many people, the tangible property will no longer retain its value.

Third, the value of intellectual property is influenced and governed by many different factors compared to tangible property. If the value of tangible property is created by the value of the physical structures that form that property or the value of tangible property is created from its physical properties and depends entirely on physical properties. The value of intellectual property depends on the creativity, secrecy, attractiveness, competitiveness of the subject holding that intellectual property and social psychological factors. Because intellectual property exists intangible and has no physical properties, people cannot hold or grasp it, so determining the value of intellectual property cannot be determined in the usual way.

Fourth , the value of intellectual property can be enhanced through state protection. Intellectual property is a special property, the ownership of the subjects of these properties is protected by the state. When protected by the state, the owner of intellectual property will have special control rights over that property such as controlling the volume of products and setting a monopoly price within the scope.

the limit of acceptable product demand. Thereby, contributing to increasing the value of intellectual property.

Based on the above characteristics of intellectual property, in relation to ownership of tangible assets, intellectual property rights have certain characteristics.

Firstly, intellectual property rights are ownership rights to intangible assets. If the subject of ownership of tangible assets is a product or object that people can hold or grasp, the subject of intellectual property rights is intangible assets. These are the results of human intelligence and do not exist in a certain material form.

Second , the basis for the emergence and establishment of intellectual property rights is different from that of tangible assets. Ownership of tangible assets is the time when the owner establishes legal possession of that asset. According to the provisions of the Civil Code, the basis for establishing ownership rights includes: through labor, through legal production and business activities; transfer of ownership rights according to an agreement or decision of a competent State agency; collection of profits and profits; creation of new objects through mixing, merging, and processing; inheritance of assets; possession under conditions prescribed by law for ownerless objects, objects that are dropped, abandoned, or buried, lost livestock and poultry, and naturally moving aquatic animals; possession of assets without a legal basis but in good faith, continuously, and openly in accordance with the statute of limitations prescribed by law [12, Article 170]. However, intellectual property rights are created by human intelligence or inspired activities. Such activities are separate and conscious and creative. Because the creative process is unique, intellectual property rights are placed under the protection of the state. Therefore, the basis for the arising and establishment of rights to intellectual property rights is mostly when carrying out the procedures for protection registration or receiving the transfer.

transfer, inheritance from the owner of intellectual property rights. However, there are some exceptions for copyright and related rights; rights to business secrets; rights to trade names arising and establishing rights when fully meeting the conditions of law without having to carry out protection registration procedures.

Third, the exercise of the right of possession by the owner of intellectual property rights is different from that of tangible assets. The right of possession is the right of the owner to hold and manage the property himself. The right of possession in the ownership of tangible assets is expressed by the fact that the owners hold and manage their assets. And this holding and management by the owner will exclude the holding of that tangible asset by other entities. In the case of assets jointly owned by two or more people, the possession of this joint asset must be exercised by the owners on the principle of unanimity. In contrast, for intellectual property rights, the owner's exercise of his right of possession of his property will not exclude the possession of other entities - in the case that these entities have the consent of the owner of intellectual property rights or are joint owners.

Fourth, the difference in the exercise of the right to use property. The right to use property is the right of the owner or co-owners to exploit the utility, enjoy the benefits and profits from the property. The owner's right to use tangible property will reduce its effectiveness on others. But for intellectual property, the owner's exercise of the right to use will not reduce its effectiveness on other subjects. This means that intellectual property can be used by many people without reducing the effectiveness of the property. This issue is clearly demonstrated in the case where the owner of intellectual property rights licenses the intellectual property rights of

Contributing capital to establish a business using intellectual property rights in Vietnam - 5

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